Employees all throughout the country have recently learned the unwelcome news that their employment have been eliminated due to their extracurricular activities. They might have gone to a political rally, posted inappropriate things on social media, or even published a derogatory book. These workers believed their employers couldn’t fire them because they were working on their own time.
Any employee who is “at-will,” can be fired for any lawful cause if they are not a member of a union or have a written contract. This frequently involves the person’s extracurricular activities. Keep reading to learn more about what constitutes wrongful termination and then contact PLBH at (800) 435-7542 for a free legal consultation.
The issue has been discussed for years
The “Unite the Right” demonstration in Charlottesville, Virginia, which swiftly became violent, raised the issue of whether an employee can be fired for his or her extracurricular activities once again. Multiple rally attendees were recognized online, and as a result of their actions—which might have included yelling anti-Semitic and white supremacist chants, brandishing torches, and engaging in violence—they were fired by their employers.
These employees were at-will workers, therefore their employers had the power to fire them for their actions, which might have had a detrimental effect on their firm. These employers have the right to terminate their employees for conduct they find objectionable or unprofessional, even if it occurs off-the-clock, so long as the reason is not unlawful (i.e., it is not discriminatory).
More employers are aware of workers’ activities outside of work
Due to employees’ posts and remarks on Facebook, Twitter, and other websites, this problem occurs more frequently in the social media age. Social networking is a common place for workers to vent about their jobs, coworkers, clients, or managers.
They might also publish or make comments that have nothing to do with their work but are nevertheless insulting, like racially inappropriate remarks on a public Facebook page. In some circumstances, even if it does not take place on company time, an at-will employee could be fired for their social media use if their employer is made aware of the postings or remarks.
There are protections for employees
There are restrictions on what an employer can use to make hiring decisions, especially when it comes to behavior off the job. For instance, certain employee remarks and communications that fall under the category of protected speech cannot be used as justification for disciplinary action or termination. If an employee engages in union organizing activities, it would be considered protected speech, and an employer could not fire the employee as a result of such remarks or actions.
A worker cannot be followed by an employer to look into their activities outside of work because this could be construed as an invasion of privacy. The more frequent scenario is where an employer becomes aware of an employee’s extracurricular activities and then takes disciplinary action as a result.
Talk to an attorney if you believe you have been wrongfully terminated
If you have been fired due to actions you engaged in outside of work, you should speak with an employment lawyer right once to learn more about your rights and choices. Our knowledgeable employment lawyers at PLBH have more than forty years of experience assisting workers who have been unlawfully fired. To learn more about how we may assist you, call us at (800) 435-7542 or send an email to info@plblaw.com right now